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Alternative pleading (or pleading in the alternative) is the legal term [1] [2] in the law of the United States for a form of pleading that permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction.
In August 2007, Galin Frye was arrested and charged with driving without a license for the third time, making it a felony in Missouri.The prosecutor in the case sent Frye's attorney two plea offers; one to recommend a three-year sentence with Frye serving only ten days in jail if he pleaded guilty to the felony, and the second to reduce the felony to a misdemeanor, and Frye to serve 90 days in ...
Occasionally, such arguments can be confusing to some people, who perceive a self-contradiction or lack of honesty. [1] Generally speaking, this is a case of mistakenly thinking the argument claims both alternatives are true, when in reality it is claiming only that one or the other of them must be. But arguing in the alternative certainly ...
Washington, a defendant must show that but for the ineffective advice, there is a reasonable probability that the plea offer would have been presented to the court, that the court would have accepted its terms, and that the conviction or sentence, or both, under the offer’s terms would have been less severe than under the actual judgment and ...
English: John Gleeson filed this amicus curiae brief at the request of the court "to present arguments in opposition to the government’s Motion to Dismiss" and to "address whether the Court should issue an Order to Show Cause why [Michael T. Flynn] should not be held in criminal contempt for perjury".
Argument: Oral argument: Case history; Prior: Alford v. North Carolina, 405 F.2d 340 (4th Cir. 1968), probable jurisdiction noted, 394 U.S. 956 (1969).: Holding; There are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence under extreme duress in a detainee status.
In law, a plea is a defendant's response to a criminal charge. [1] A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
Special pleading is an informal fallacy wherein a person claims an exception to a general or universal principle, but the exception is unjustified. [1] [2] [3] [4] [5 ...